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" In an action brought by or against a corporation, the complaint must aver that the plaintiff, or the defendant, as the case may be, is a corporation ; must state •whether it is a domestic corporation or a foreign corporation ; and, if the latter, the... "
Reports of Cases Heard and Determined in the Supreme Court of the State of ... - Page 31
by Marcus Tullius Hun - 1893
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Reports of Civil and Criminal Cases Decided by the ..., Volume 39; Volume 146

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1912 - 970 pages
...consideration. This, however, is not the general rule. On the contrary, the authorities agree that the general allegation that the plaintiff or the defendant, as the case may be, is a corporation, organized and existing under the laws of some named State, is sufficient. (Thompson...
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The New York Justice's Manual, Containing All the Laws of the State Relating ...

New York (State) - 1880 - 668 pages
...corpo- existence ration, unless the answer is verified, and contains an affirmative alle- sary. gation that the plaintiff, or the defendant, as the case may be, is not a corporation. [Id., § 3, as amended by L. 1864, ch. 422 (6 Edm., 296), and L. 1875, ch. 508. extended to a case...
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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1532 pages
...of the corporation, unless the answer is verified, and contains an affirmative allegation that tlie plaintiff, or the defendant, as the case may be, is not a corporation. 1,1.. ? 1. amended. L. 1864, ch. 422 (6 Edm. 2% and L. 18M, ch. 80S) ; •Wat.-ivllle Mun. Co. r. Bryan,...
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Rust's New York Code of Civil Procedure 1885

New York (State), Charles David Rust - Civil procedure - 1885 - 814 pages
...corporation may be sued. § 1775. In an action brought by or against a corporation, the complaint roust aver that the plaintiff, or the defendant, as the case may be, is a corporation ; must s-tate whether it is a domestic corporation or a foreign corporation ; and, if...
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Pleading Under the Codes: Adapted to Use in the Several States and ...

Charles Theodore Boone - Code pleading - 1885 - 598 pages
...Railroad Co. 11 Iowa, 502. In New York, In an action by or against a corporation, the complaint must aver that the plaintiff or the defendant, as the case may be, is a corporation : NV Code Civ. Proc, I 1775. See Irving Nat. Bank v. Corbett, 10 Abb. NC 8i ; Concordta...
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A Treatise on the Law of Private Corporations, Volume 2

Victor Morawetz - Corporation law - 1886 - 642 pages
...prove, upon the trial, the existence of the corporation, unless the answer is verified and contains an affirmative allegation that the plaintiff or the...defendant, as the case may be, is not a corporation." 2 § 773. A judgment purporting to be obtained against a corporation which is not in existence at least...
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Howard's Practice Reports: Containing Cases Under the Code of ..., Volume 3

New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - Civil procedure - 1886 - 692 pages
...of the Code provides that in an action brought by or against a corporation, the complaint must aver that the plaintiff or the defendant, as the case may be, is a fiorporation ; must state whether it is a domestic corporation or a foreign corporation : and if...
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The South Western Reporter, Volume 125

Law reports, digests, etc - 1910 - 1384 pages
...Railway v. Hill, 03 held that an Instruction directing the Jury, if they find certain facts, to find for the plaintiff or the defendant, as the case may be, is not affirmatively erroneous, although the party complaining may be entitled to a verdict on a finding of...
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The New York Code of Civil Procedure: As Amended To, and Including 1887 ...

Civil procedure - 1887 - 814 pages
...corporation may be sued. § 1775. In an action brought by or against a corporation, the complaint must aver that the plaintiff, or the defendant, as the case may be, is a corporation ; must state whether it is a domestic corporation or a foreign corporation ; and, if...
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The New York Code of Civil Procedure, as Amended To, and Including, 1889 ...

New York (State), Charles David Rust - 1889 - 864 pages
...corporation may be sued. § 1775. In an action brought by or against a corporation, the complaint must aver that the plaintiff, or the defendant, as the case may be, is a corporation ; must state whether it ia a domestic corporation or a foreign corporation ; and, if...
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